Introduction

Even very young children can tell us what they know if we ask them the right questions in the right way.1

Children can be very effective witnesses. By the age of two or three, children can accurately remember and recount past experiences;2 children have testified effectively and credibly in court even at three years of age;3 they can also be highly resistant to suggestion, under the right circumstances.4 Children’s ability to testify effectively can depend, amongst other things, on how questions are phrased — the language used and types of questions posed are critical. An understanding of children’s language, and the ways in which it differs from adults’, can help counsel formulate questions that facilitate children’s participation in proceedings.

In this section, we briefly outline some facts about children’s language and the nature of courtroom questioning, before considering some of the things to avoid when questioning children and adolescents. Throughout, “child witnesses” and “children” refer to young people under 18, consistent with the Evidence Act 2006 and the United Nations Convention on the Rights of the Child.

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